The Federal High Court in Lagos yesterday held that a Senior Advocate of Nigeria (SAN) Chief Mike Ozekhome was validly appointed to represent four companies that pleaded guilty to laundering $15.5million allegedly belonging to former First Lady Dame Patience Jonathan.

Justice Babs Kuewumi held that another lawyer, Luke Aghanenu, who claimed to have been appointed by the companies’ directors, was not properly briefed.

The companies are: Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Ltd, Trans Ocean Property and Investment Company Ltd and Avalon Global Property Development Ltd.

The Economic and Financial Crimes Commission (EFCC) arraigned them with a former Special Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa, a lawyer Amajuoyi Briggs, who is the companies’ secretary, and a banker, Adedamola Bolodeoku.

Unlike the companies, Dudafa, Briggs and Bolodeoku pleaded not guilty to the 17-count charge.

Aghanenu had filed a motion for change of counsel, praying the court to hold that he was validly appointed by the companies’ directors to represent them, not Ozekhome.

But, Ozekhome urged the court to dismiss the application for change of counsel, arguing that he was authorised to act as the companies’ counsel through a letter by Briggs.

Ruling, Justice Kuewumi held that if the companies wanted to change the counsel that was appointed by their secretary, it ought to be by board resolution.

He said there was no such resolution before him, and that the individual hand-written letters by the companies’ directors fell short of the minimum requirement.

“The fourth to seventh defendants are limited liability companies. If they are to change counsel, it should be by way of board resolution,” he said.

Besides, Justice Kuewumi noted that he had earlier ruled on the issue when there was a dispute on representation, in which he recognised Ozekhome as the authorised counsel.

“Until that decision is appealed against, this application is bound to fail. Same is hereby dismissed,” the judge held.

During hearing of the application, Ozekhome and EFCC’s lawyer Rotimi Oyedepo had clashed when Oyedepo said he was not opposed to the application for change of counsel.

Ozekhome had accused EFCC of trying to determine which lawyer would represent the companies, adding that the prosecution ought not be interested in who represented the companies.

He said: “Because we want to set aside the guilty plea of the companies, they arranged with the EFCC to change counsel. We’ll not allow that to happen. They’ll continue to contend with my face. It already show your interest, that you (EFCC) have an interest in who represents the defendant you’re prosecuting,”

But, Oyedepo described Ozekhome’s comments as prejudicial, saying they were unfair to him and EFCC.

“The allegation made by the learned SAN is totally unmeritorious. It is not in the interest of justice. It’s prejudicial to us. It’s unfortunate.

“This not the only case we are both involved in, so why would I not want to see his face? My prayer is that he should be busy, that people should contact and give him briefs,” he said.

Oyedepo said it was wrong for Ozekhome to “scandalise” him, but the SAN insisted that the EFCC had a preference for the lawyer who would represent the firms.

In an affidavit in support of Ozekhome’s motion, a lawyer in his firm, Chimaobi Onuigbo, said the companies’ representatives who pleaded guilty to money laundering (Friday Davis, Agbo Baro, Dioghowori Fredrick and Taiwo Ebenezer) had earlier refused to accept service of processes in a suit by Mrs Jonathan against EFCC and others pending before Justice Mohammed Idris of the same court.

The deponent noted that Justice Idris had directed parties to serve Briggs with the process since he was on record as the Companies’ Secretary.

Ozekhome said when Briggs was served with the processes, he instructed him to defend the companies.

“I was briefed not just on this matter but on the other matters involving the companies, even on appeal. They want an unknown entity to displace me. It is infra dignitatem (beneath dignity), abominable,” he said.

But, Oyedepo said the court had earlier recognised the companies’ individual representatives, who he said had the right to appoint their counsel.

After recognising Ozekhome, Justice Kuewumi adjourned till May 2 for hearing of other pending applications.